The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-01-30

otIt Iuo pcCulldf circumstances Oh
case shall always determine; what
might be an overt act under rome cir
cumstances would not be one under
Others. II l was walking down the
street and should meet Your Honor
and you should place your hand be-
hind you on your hip pocket, and /
should shoot you down fer no other
provocation than this, then OF course
l would be guilty OF murder in the
first degree; but on the other, if we
had baen at daggers' points, and you
had said thst you were fixed for me,
aud that you we're goiog to get
the drop on me, then the mere put
ting Of your hand behind you might
be an overt act of the most unmistak.
able nature. Everything that explains
the condition Of the mind or motives
for its acts is comp tent proof" After
reading considerably more law, Gen.
Wright took his seat, audwss followed
by
COL. GEORGE CAN'T,
who commenced, az usual, in soft and
almost insudible tones. He said his
first prop 1eltion YVES in regard to what
he termed transitory insanity. SIT is
not question Of cooling time or pro
vocation at all" said the speaker, re-
ferring to Gen. Psters's Argument, and
looking ct that gentlemen. "Those
ere questions for the tan4 and not for
the insane. The whole question is
misconstrued by my learned fiisnd. he
has read q great deal of law from
civil CAGES, and has had great deal
TO say about the law applicable to
SINE minds" Here the gentleman
went into a learned discussion of
how the human mind could be uu-
balanced for moment only, produc-
log that species OF insanity known as
transitory, and quoted extensively
from DR.. Hammond, the noted epe-
cialist on the human mind. He also
lesd some extracts from Griesinger
on metal pathology and therapeutics.
Here Gen. Peters wanted to know
OF him what kind of law book that
was he was reading from.
ut is net law book at all, but q
scientific work, aud il you don't want
the light OF science on this case, /
do"
"But," says Gen. Peters, "the law
books say that science Is net law"
Il do not pretend TO be
very learned in the Sciences"
replied Col. CAN'T, "but who shall ssy
to me that shall not walk where 9th.
ers tread? Who says to me that /
must lock at science from afar off and
not be allowed to teach it because it is
not part OF my profession That !
must leave it In the hands Ct the doc.
tor and the professor, and take their
word for what is in it. No, sir, pro-
pose to read for myself, and want all
the light on this case that science or
any other branch OF learning will give
me-" Col. CAN'T went on in a very elo.
quent and effective manner to speak
of the various causes that had followed
fast one upon another to produce the
condition Of mind described, and thus
to render the defendant irresponsible.
Before man cln be punished
for crime you must not only show
that he knows right from wrong and
has will, but you must 60 step
further and show thst he is in con-
dition of mind to control that will and
has the capacity to control il, and
read from Heisk., 369T0; / Baxter,
1874; 81 Indiana. 493; rs Virgins,
1857, and l Duval, 225; and then, by re-
ferripg t, the DISPOSITIONS he wished
to bs admitted aud reading fr I'M
them and then from his Law books,
harmonizsd them by that persuasive
eloquence OF his thai he knows 60
well how to apply. And then passing
on to the predisposition to insanity he
dwelt at some length upon the here
ditsry causes, the physical causes,
mentioning an injury received by de.
PENDANT in fall from horss and it's
effect on him, and then the great
and many causes brought about
by the acts of the deceased.
This he illustrated by comparing the
human mind to tree. Said ne, "you
are perfect tres standing in the for
est; the wind wrenches off limb and
lets the water run into its heart, the
hunters campfire burns away at it's
trunk, the horse gnaws it's bark, decay
and destruction is urged on till the
storm comes and it falls an easy prey.
Just so with the unhappy young man
on trial for his life; one
by one the cau,es accumulate,
his mental balance is weakened
by an injury, then the poison OF the
slanderer begins to do its work, he is
not yet insane, but he is in condi-
ton to be made insane at any mo-
,,autet tho roouoopt nopoao mhan Tho
storm bursts upon him in all OF it's
fury by the sight Of the man who has
wrought this injury" After reading
several other cases, Col. CAN'T closed,
and as Gen. Turner declined to speak,
JUDGE DUBosE
rendered his decision in regard to the
dispositions and said that he had made
up his mind to admit them. This will
have the effect OF proloDging the trial
to several more days, and as the State
claims the right to rebuff this testi-
mony there are some racy develop
ments expected. One sensation calls
for another, and even in reading cases
from law books as THROWING light upon
this particular case, many OF them are
of the most sensational character.
The Mcfarland case, quoted by Col.
CAN'T was where Daniel Mcfarland
was tried in New York City for the
killing of Albert Richardson, the Sc
ducer OF Lila wife Richardson was
killed in the Tribune office, and
Gre, ley aud Beecher both figured IS
witnesses Be,cher performed ma
riage ceremony bstwesn Richardson
and Mrs. Mcfarland while the
former was on his death bad,
The case was hoty contested ald
was some three weeks on trial, with
an array of counsel noted for their
abilities.
Progress or the Case.